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Next Steps After Denaturalization: Building a Defense to Retain LPR or to Readjust Status — Loblack Strategy

Attorney Peter Loblack | Harvard‑educated | Immigration Attorney for 30+ Years
Offices in Orlando & Plantation, Florida. Representing former citizens facing removal after denaturalization throughout Florida, the U.S. Virgin Islands, across the U.S., and globally. Virtual and in‑person consultations available.

Where Status Stands Depends on the Ground of the Judgment

The ground the judgment rests on decides what status remains and which defense applies.

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Loblack Strategy vs. What General Attorneys/Advisors Do

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For a full explanation of our comprehensive approach, visit the Loblack Strategy Center →

Your Status After Denaturalization Depends on the Green Card Itself

A judgment under 8 U.S.C. § 1451(a) revokes the order admitting you to citizenship and cancels the certificate. What happens to permanent residence turns on how the green card was obtained and what conduct the judgment rests on:

• Green Card Lawfully Obtained. You generally return to permanent resident status, subject to removal on any ground that applies to permanent residents.
• Green Card Obtained by Fraud. DHS can charge that you were never lawfully admitted for permanent residence.
• Derived Status. Family members who derived benefits through your naturalization need a separate review.

Attorney Loblack documents your restored status in writing before DHS takes a position on it.

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A Settlement With DOJ Does Not Bind DHS

DOJ prosecutes the denaturalization case. DHS decides whether to place you in removal proceedings. A consent judgment negotiated with DOJ:

• does not prevent ICE from issuing a Notice to Appear;
• does not commit DHS to any removal charge or relief position;
• can supply DHS with stipulated facts to use against you.

Attorney Loblack reviews every proposed stipulation for its effect in Immigration Court before it is signed.

Findings in the Judgment Follow the Case Into Immigration Court

Facts decided in the denaturalization case can bind the Immigration Judge through collateral estoppel, as the BIA held in Matter of Fedorenko. The findings that matter most:

• Willful Misrepresentation. Supports a fraud charge under INA § 212(a)(6)(C)(i).
• Fraudulent Marriage. Triggers the INA § 204(c) bar against any new family petition.
• Criminal Conduct. Supports removal charges tied to the underlying offense.
• Illegal Procurement Only. Leaves the green card and most relief untouched.

Attorney Loblack separates what was actually decided from what was merely alleged, and contests preclusion on every fact the court did not resolve.

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The Judgment Itself Can Still Be Challenged

A denaturalization judgment is a civil judgment of a federal district court. The deadlines run from its entry:

• Motion to Alter or Amend. 28 days under Federal Rule of Civil Procedure 59(e).
• Appeal. 60 days to the U.S. Court of Appeals under Federal Rule of Appellate Procedure 4(a)(1)(B).
• Relief From Judgment. Federal Rule of Civil Procedure 60(b), for grounds such as new evidence, fraud on the court, or a void judgment.

Attorney Loblack calendars both deadlines the day he is retained and pursues the federal challenge alongside the Immigration Court defense.

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Permanent Residence Can Be Retained in Removal Proceedings

Once ICE files a Notice to Appear, the Immigration Judge decides whether permanent residence survives. The main paths:

• Contesting Removability. DHS must prove the charge by clear and convincing evidence.
• INA § 237(a)(1)(H) Waiver. Waives removal based on fraud at admission for the spouse, parent, son, or daughter of a U.S. citizen or permanent resident, with no hardship showing required.
• Cancellation of Removal Under INA § 240A(a). Requires five years as a permanent resident, seven years of continuous residence after admission, and no aggravated felony. A green card obtained by fraud does not count as lawful permanent residence, as the BIA held in Matter of Koloamatangi.

Attorney Loblack prepares every available form of relief and presents them in order of strength.

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Status Can Be Regained Through a New Adjustment

Where the original green card cannot be saved, a new one can be sought before the Immigration Judge under 8 C.F.R. § 1245.2(a)(1)(i):

• New Petition. An I‑130 filed by a U.S. citizen spouse, parent, or adult son or daughter.
• Fraud Waiver. A 212(i) waiver requires extreme hardship to a U.S. citizen or permanent resident spouse or parent.
• Criminal Waiver. A 212(h) waiver, subject to the limits that apply to former permanent residents.
• Marriage During Proceedings. A marriage entered after removal proceedings begin requires clear and convincing proof of a bona fide marriage under INA § 204(g).

Attorney Loblack screens the petition for INA § 204(c) exposure before it is filed.

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Protection-Based Relief Remains Available as a Backstop

Where permanent residence cannot be kept or regained, protection from removal to a specific country may still apply:

• Asylum. Subject to the one-year filing deadline and its exceptions.
• Withholding of Removal. Under INA § 241(b)(3), with no filing deadline.
• Convention Against Torture. Under 8 C.F.R. § 1208.16 through 1208.18, with no criminal bar to deferral.

Attorney Loblack preserves these claims at the first Immigration Court hearing.

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Who to Retain After an Adverse Judgment

The case now runs in up to three forums at once. The attorney you retain must be able to:

• file the Rule 59(e) motion or notice of appeal in federal court;
• defend the removal case and file applications for relief in Immigration Court;
• file the new I‑130 and coordinate it with USCIS while proceedings are pending.

Attorney Loblack is admitted before the U.S. Supreme Court, the Eleventh Circuit, and the Southern and Middle Districts of Florida, and practices before the Immigration Courts and USCIS nationwide.

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Where Post-Denaturalization Cases Most Often Go Wrong

• Assuming Deportation Is Automatic. Families stop defending the case when permanent residence may still stand.
• Missing the Appeal Window. The 60-day appeal deadline and 28-day Rule 59(e) deadline pass while attention shifts to ICE.
• Signing Stipulations Unreviewed. Agreed facts in a consent judgment become evidence in Immigration Court.
• Treating the DOJ Agreement as Final. DHS remains free to file removal charges.
• Conceding Removability. Admitting the charge at the first hearing gives up a defense DHS must otherwise prove.
• Filing a Petition Into a 204(c) Bar. A new I‑130 filed without screening the judgment's marriage findings.
• Waiting for the NTA. Relief preparation starts only after the first hearing is set.

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Myths vs. Legal Realities: Life After Denaturalization

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Frequently Asked Questions: After Denaturalization

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Why Clients Choose Attorney Peter Loblack

Defending a former citizen requires command of federal civil procedure and removal defense at the same time.

• 30+ Years of Experience. Federal court litigation, removal defense, and waiver practice handled directly.
• Federal Bar Admissions. Admitted before the U.S. Supreme Court, the Eleventh Circuit, and the Southern and Middle Districts of Florida.
• Former Federal Law Clerk. Clerked for Chief Judge James Lawrence King, S.D. Fla.
• Waiver and Relief Command. 237(a)(1)(H), 212(i), 212(h), and cancellation of removal prepared as one coordinated defense.
• Direct Access to Attorney Loblack. You work directly with an experienced immigration attorney, never a call center or a nonlawyer.

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